Causing the death of another unintentionally is something everyone wants to avoid. When accused of manslaughter, the defendant often feels their remorse while still facing the state’s judgment. The pressure of this situation requires the skilled guidance of a criminal defense lawyer. Our experience helps us understand how to spot weaknesses in the district attorney’s case. Call us at 254-753-6437 to schedule a consultation. While you are waiting on your appointment, you likely have a lot of questions. Please read our frequently asked questions about the criminal process for answers.
The prosecutors want to see the accused convicted. It would help if you had someone on your side as a committed advocate for your side of the story. Our Waco criminal defense attorneys are routinely named the Best in Waco by Wacoan Magazine.
In Texas, manslaughter consists of causing the death of another person due to recklessness on your part. The charge of manslaughter is a form of homicide, but unlike murder, doesn’t require that the defendant had the intent to kill a person.
When a DWI results in the death of another person, it is known as intoxication manslaughter. Like standard manslaughter, intoxication manslaughter is a second-degree felony that can result in up to a $10,000 fine, between 2 and 20 years in prison, at least 240 hours of community service, and a probationary community supervision sentence.
When an individual must perform a service or provide protection to someone else, and negligent acts result in the death of their charge, that individual is charged with criminally negligent homicide. This state jail felony offense must involve a specific duty of the individual toward the alleged victim.
To convict a defendant of criminally negligent homicide, the state must prove beyond a reasonable doubt that there was a duty owed by the defendant to the victim and that it was primarily a result of negligent acts that the victim died.
Though helping someone commit suicide is viewed as second-degree manslaughter in many states, the Texas Penal Code (§22.08) sees it as an assaultive offense. This means that its penalties roughly correspond to those of assault charges in Texas.
Aiding suicide is a Class C misdemeanor if the suicide attempt fails, and no one is seriously hurt. If the suicide attempt is successful or results in serious bodily harm, the defendant is charged with aiding the suicide attempt is accused of a state jail felony.
To convict a defendant of manslaughter, prosecutors must prove beyond a reasonable doubt that the defendant recklessly caused the death of another individual. There is no requirement of premeditation to this crime and no need for there to be intent or knowledge on the part of the defendant. The only requirement is that the defendant’s conduct was reckless.
There are several different types of defenses to the crime of manslaughter. Please speak to an experienced criminal defense attorney to learn if they are available in your specific situation. Insanity Self-defense, “Heat of passion” defense (i.e., the defendant was provoked to commit the crime by fear, rage, terror, or other extreme emotion.)
If you have been accused of manslaughter in Waco, you need an aggressive, experienced criminal defense attorney on your side. Talk to a Waco criminal defense lawyer before talking to anyone else. Our lawyers know how to spot weaknesses in the prosecution’s case. Call us for a free case evaluation at 254-753-6437.
Copyright © Dunnam & Dunnam, L.L.P. All Rights Reserved. Prior results do not guarantee a similar outcome. Dunnam & Dunnam LLP maintains this website to provide you with general information concerning itself and its attorneys, as well as to facilitate communications with persons and entities possibly desiring to establish an attorney-client relationship with a law firm or an attorney. Information provided by and through this website does not create any kind of attorney-client relationship with Dunnam & Dunnam or any of its attorneys and, furthermore, does not constitute and should not to be relied upon by you as any kind of legal advice or service by Dunnam & Dunnam or any of its attorneys. Dunnam & Dunnam L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.